A person who’s arrested for a criminal charge will likely want to get out of jail as soon as they can. Considering how long it takes for cases to make it through the criminal justice system, it’s understandable that defendants want to be free while they’re waiting for their case to move through the system.
For some defendants, the way to get out of jail is using bail. Bail is a monetary assurance that the defendant will appear in court for their hearings. They must post cash or assets with the court that meet the requirements set by the judge. If they appear at all their hearings, the surety they posted is returned to them.
What happens if someone can’t post bail?
If a defendant can’t post the entire bail, they may work with a bail bondsman. Bondsmen write a bond to the court to cover the bail. In exchange, the defendant must put up a specific percentage of the bail, typically 10%, plus fees. None of that is returned to them when their court case concludes.
What happens if the defendant doesn’t appear in court?
A defendant who doesn’t appear in court can face criminal charges. They may have their bail revoked. If they used a bail bondsman, the bondsman may come looking for them so they can turn the defendant back into the court. If no bondman was used, bail will likely be forfeited to the court.
Defendants must ensure they understand their legal obligations and rights. Working with someone who can help them to determine their defense strategy options may be beneficial so they can be prepared for their hearings.
